In Maximo’s case, the witness Mariano testifies about a pre-death agreement between Maximo and Juan. Is Mariano disqualified to testify under Sec. 39, Rule 130 ROC?

• A. No; the disqualification applies to parties or assigns or persons in whose behalf a case is prosecuted against the administrator or Juan’s estate, not to Mariano as a third party witness.
• B. Yes; as a third party he is disqualified.
• C. Yes; he testified to the agreement before death.
• D. No; third-party witnesses are always permissible.

Answer: (A)